U.S. Senator David Vitters’ Privacy Bill in Congress Can Protect Student Data1 comment

Ever since that dark day three years ago when I received a written response from the State Office of Education saying that the answer to my question was “No,” –NO to the question of whether a student could attend school to simply learn (as opposed to being tracked at school, as “human capital” by the state and federal SLDS and P-20w data mining systems, without parental consent or knowledge) –ever since that day, I’ve been on a quest to reclaim our basic constitutional freedom of privacy, the right to NOT be inventoried like merchandise of the state.

Twice, for example, a Utah state legislator has tried to run a privacy protection bill for Utah kids. Two years in a row it hasn’t even gotten close to getting off the ground in the Utah legislature. Seems that money and power talk more persuasively than children’s or family’s rights, even in Utah.

But today many organizations nationwide are joining to support and to push forward Louisiana Senator David Vitter’s congressional bill that returns control of education records to parents on the federal level. It’s big news. See Breitbart, The Hill, Truth in American Education.

The bill implements new, more robust guidelines, in order to protect student privacy, for schools and educational agencies to release education records to third parties, even in cases of recordkeeping.

These entities will be required to gain prior consent from students or parents and implement measures to ensure records remain private. Further, educational agencies, schools, and third parties will be held liable for violations of the law through monetary fines.

Extending Privacy Protections to Home School Students

FERPA does not currently apply to students who do not attend a traditional education institution, such as students who are homeschooled, despite some states requiring homeschoolers to file information with their school district.

This bill extends FERPA’s protections to ensure records of homeschooled students are treated equally.

Limits Appending Data and Collection of Additional Information

The bill prohibits educational agencies, schools, and the Secretary of Education from including personally identifiable information obtained from Federal or State agencies through data matches in student data.

Please contact your state legislators, board members and congressional representatives in support of this bill.

Board@schools.utah.gov is the email for all the members of the state school board. Find congressional legislators and state legislators here: http://www.utah.gov/government/contactgov.html

P.S. I often get asked why this matters. Last week, for example, at the Salt Lake County Republican Organizing convention, people came up to the booth where I was answering questions and asked, “What information is being collected about my child?” My response? Rather than to point them to the National Data Collection Model data points that are being requested, I simply say this truth: there are NO proper privacy protections in place; federal FERPA law was destroyed by the Dept. of Education, and we have no idea what information is being collected locally; we do know there is a database that we aren’t allowed to opt out of; we do know that there are no prohibitions on the schools/state/federal government/corporations collecting as much as they can get away with.

We know that the National Data Collection Model invites and encourages schools and states to collect over 400 data points. And we know that no laws currently prevent schools/states from doing so. It is only good intentions and individual/district policy that is preventing an Orwellian data collection reality today.

We need to establish proper, real protections. We need strong laws that establish that students and families, not the state/corporate/federal education forces, own the data and control the data. We need opt out laws from participation in the database systems too. We need to talk about this issue often and openly. And the ball is in the parents’ court. The boards aren’t fighting for data privacy. The lobbyists are actively fighting against data privacy. And no legislator will fight for your child until you demand that he does.

Ask your legislator to support Senator Vitters’ bill, and to write state laws that enforce these protections too.

One response to “U.S. Senator David Vitters’ Privacy Bill in Congress Can Protect Student Data”

Privacy and local control of education can be achieved. We must eliminate all tendencies to one size fits all. It has never worked and cannot. We must personalize instruction to each child. I invite readers to view proven results and how this can be done at one of my homemade websites http://www.personalassistedlearning.info.